Candidate promotion by licensing trust ill-advised, not illegal – electoral officer

A south Auckland licensing trust’s decision to help promote candidates in this year’s local body elections was ill-advised, but not illegal, according to Auckland electoral officer Dale Ofsoske.

Nick Smale recently complained to Ofsoske about social media posts by the Wiri Licensing Trust endorsing the Manurewa Action Team – a political ticket running in the election for the trust, council and local boards.

“In my opinion, this is a blatant misuse of public resources squarely aimed at influencing the election. It influences not just the licensing trust election, but the council election too,” Smale said.

“Neutrality of public bodies is an important element of fair elections, and licensing trusts have a habit of actively promoting their incumbents, or status quo policies.”

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Smale has been fighting to get rid of the Waitakere and Portage licensing trusts in west Auckland for a number of years and, despite the fact he doesn’t live in south Auckland, said he felt he had to complain.

He described the Wiri Licensing Trust’s actions as unethical.

“It undermines democracy if the ruling party can use the resources of the body they represent to promote themselves for re-election.”

But Smale said he understood there was nothing he could do about it because it involved a licensing trust.

And unfortunately for him, Ofsoske confirmed his suspicions in a response to questions from Local Democracy Reporting.

“As I understand the situation, the licensing trust has shared material on their social media that appears to be promoting the incumbent elected members,” he said.

“Our advice to local authorities, including licensing trusts, is to avoid the appearance of promoting any candidates, whether incumbent or not. However, this is not covered in the Local Electoral Act 2001, and as such, I am unable to act.”

Wiri Licensing Trust trustees Daniel Newman and Rangi Mclean are both standing for seats on the Auckland Council for the Manurewa Action Team ticket in the Manurewa-Papakura ward.

The party also has candidates, Matt Winiata and Rangi McLean, standing for the Manurewa Local Board.

Meanwhile Daniel Newman, licensing trust chairman Brian Blake, Rangi McLean, Glenn Murphy, Cheryl Louise Hunia and Kelvin Hieatt are all running on the Manurewa Action Team ticket for seats on the Wiri Licensing Trust.

Auckland Manurewa-Papakura ward councillor Daniel Newman said he wasn’t concerned about Smale’s complaint.

“My view is I don’t require any promotion on any media platforms because I’m already doing that through my own campaign,” he said.

But Newman directed any further questions on the Wiri Licensing Trust to chairman Brian Blake.

Blake said the Facebook posting and video had been put up by a trust staff member as part of a short clip which included him speaking with members of the Weymouth Rugby Club.

“And it did have Manurewa Action Team branding on it.”

But Blake said the intention was to talk about the trust’s ongoing support of the rugby club.

“So I’ve now asked the staff at the trust not to include party branding in their messaging in future,” he said. “I will take on board what Dale has said and I’m happy to follow his advice.”